AlR FORCE DISCHARGE REVIEW BOARD H EARING  RECORD	
NAM£ OF SERVICE MEMBER (LAST, FIRST MlDOLE INITlAL)
(b} (6)	GRADE	
TYPE GE	I	PERSONA L APPEARANCE	x	I	RECORD  REVIEW	
COVl'ISEL	NA'1£ Of COIJN EL A."ID OR ORCA."llZATION	ADDRESSAl'D OR ORCA. lZATION Of COUXSEL	
Y£S	No			
	x			

MEMBER SITIING	VOTE OFTHE BOARD	
	HON	GEN	UOTHC	OTHER	DENY	
(b)(6)
-
-
-
-						x	
						x	
						x	
						x	
						x	
ISSUES	A94.55	lN'Dt:X NUM8tR
A62.00	EXlllBITS SUBMITTED TO THE BOARD	
		1	OROl:.R APPOJN IWG THE BOARD	
		2	APPLICATION FOR REVlEW OF DISCHARGE	
		3	LETTER OF NOTIFICATION	
		4	BRIEF OF PERSONNEL FILE	
			COUNSEL'S RELEASE TOTHE BOARD	
			ADDITIONAL EXHIBITS SUBMITTED AT TL\1£ OF PERSONAL APPEARA 'ICC	
			TAPE RtCOROING Of Pl:.RSONAL APPEARANCE HEARh\G	
KtARl\'"C DATE

09 Jul 2015	CASE N\18ER

FD-2015-00010			
Al'PUCMTS ISl>UEA'.l!Dntl> llOIUlDS DKISIONAl. IVITIONU.6AREDl.SCUSSl!D Q<Tl!EATI"AOIEMIJ\	Cl!	O!l\EVD!\'l   llOAJ\D  OECISAL   MTIONAl.E	
Case heard  i n Wash ington, O.C.

Advise applicant of the decision of the Board, the right to a person al appearance with/without counsel, and the right to submit an application to the AFBCMR.	

(b) (6)

lNOORSIMINf	DAT : 8/13'2015	
TO:	
SAf/MRBR
550 C STREET WEST.SU ITE 40
RAN"DOLPH AFB, TX 78150-4742			fR0)1:
£CRFTARY OFTH&AIR FORO:PERSO'l\EL COU\'"CIL
AIR FORCE OISCllARCE R£\1E\\ BOARD 1<3< C'0\1\IAND OR. R Wl...,C. JRD fLOOR A.\'"DRt\\ SAFB,MD 2076l.-7001	
AFH Q FORM 0-2077, JAN 00	(EF-V2)	Previous

AIR FORCE DISCHARGE  REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2015-00010	

GENERAL:  The applicant appeals for upgrade of discharge to Honorable and to change the reenlistment code.

The applicant was offered a personal appearance before the Discharge Review Board (DRB) but declined and requests that the review be completed based on the available service record.

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.

FINDING: The Board denies the upgrade of the discharge and change of reenlistment code.

ISSUE: The applicant received a General discharge for Fraudulent Entry

The Air Force Discharge Review Board, under its responsibility to examine the propriety and equity of an applicant's discharge, is authorized to change the characterization of service and the reason for discharge if such change is warranted. In reviewing discharges, the Board presumes regularity in the conduct of governmental affairs unless there is substantial credible evidence to rebut the presumption ,  to  include evidence submitted by the applicant. The Board completed a thorough review of the circumstances that led to the discharge and the discharge process to ensure the discharge met the pertinent standards of equity and propriety.

The applicant contends discharge was improper due to a misunderstanding  when he completed his Electronic Questionnaire for Investigations Processing (e-QIP) on August  113, 20 10.  When answering "No" to several questions (22a, 22e, 24a), applicant interpreted that as being arrested, not just receiving citations.  He stated those were for having tobacco at school and getting into a fight at school.  The fraudulent information was found when applicant's First Sergeant was informed of applicant receiving a DUI and command had not
been notified.   Itwas then discovered that applicant enlisted on June 22, 2010 and that several offenses occurred prior to applicant's enlistment and completion  of questionnaire date.  Applicant's claim of misunderstanding is without merit due to the section  #22, question a: "have you ever been issued a summons, citation, or ticket. ..?" and "have you ever been arrested?" which was answered "No".  The characterization of the discharge received by the applicant was found to be appropriate.

A discharge is upgraded only if the applicant and the Board can establish that an inequity or impropriety took place at the time of discharge.  After a thorough review of the record, the Board found no evidence to justify  an upgrade of the discharge characterization or the reenlistment code.

CONCLUSION: The Discharge Review Board concludes that the discharge was consistent with the procedural and substantive requirements of the discharge regulation , was within the discretion of the discharge authority, and that the applicant was provided full administrative due process.

Inview of the foregoing findings, the Board further concludes that there exists no legal or equitable basis for upgrade of discharge, and determines the discharge  should remain unchanged .

Attachment: Examiner's Brief